Articles 324 to 329 in Part XV of the Constitution set forth the electoral system and framework in India, ensuring the conduct of free and fair elections across the country.
➤ Election Commission:
- Article 324 provides for an independent Election Commission responsible for overseeing elections to the Parliament, state legislatures, office of the President, and office of the Vice President.
- The commission currently consists of a Chief Election Commissioner and two Election Commissioners.
➤ Single Electoral Roll:
- The Constitution requires one general electoral roll for every territorial constituency for elections to Parliament and state legislatures.
- This provision eliminates the system of communal representation and separate electorates, which had contributed to the partition of the country.
- Electoral Inclusion and Equality:
- No person can be ineligible for inclusion in the electoral roll based on religion, race, caste, or sex.
- Furthermore, no person can claim inclusion in a special electoral roll based on these factors. This guarantees equality for every citizen in matters of electoral franchise.
➤ Adult Franchise:
- Elections to the Lok Sabha and state assemblies are conducted based on adult franchise.
- Every Indian citizen aged 18 and above is eligible to vote, provided they are not disqualified under the Constitution or relevant laws due to non-residence, unsound mind, crime, or corrupt or illegal practices.
➤ Delimitation and Allotment of Constituencies:
- The Constitution asserts that the validity of any law concerning the delimitation of constituencies or the allotment of seats cannot be challenged in court.
- Therefore, the decisions of the Delimitation Commission are final and cannot be contested in any court.
➤ Challenging Election Results:
- The Constitution dictates that elections to the Parliament or state legislatures can only be contested through an election petition presented to the designated authority as determined by the appropriate legislature.
- Since 1966, election petitions are heard by high courts, with the appellate jurisdiction resting solely with the Supreme Court.